Request for Content Removal
m (Protected "Request for Content Removal" [edit=sysop:move=sysop])
Latest revision as of 18:16, 27 November 2011
 Intellectual Property / Copyright Infringement Notifications
ARMwiki respects the copyright of others, and we ask that our contributors do likewise. However, from time to time and due to the open nature of a Wiki, it may be that some manner of copyright infringing content is added to the wiki.
ARMwiki will remove such infringing content if properly notified, and we may (at our discretion) replace said content with a copy of your removal request.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a digitally signed email notification - to armwiki at heyrick dot co dot uk - containing at least the following information:
- The digital signature (or if you cannot do this, a scan of the physical signature) of the person who either owns the copyright being infringed, or the person authorised to act on their behalf.
- A description of the work that you claim has been infringed.
- The URL (or URLs) to said content on this site.
- Your complete contact details - name, address, telephone, and email. If you are a commercial enterprise, this information may be included in the notification published on ARMwiki.
- A statement by you that you assert that the use of the content is not authorised by the copyright owner.
- A statement by you asserting that the above information in your request is accurate, and - under penalty of perjury - that you are either the copyright owner, or you are authorised to act on their behalf.
Upon the receipt of such a notification, the infringing content will be removed. We may, at our discretion, replace said content with a copy of your request.
It is possible for a counter notification to be filed, if the person who placed the content upon ARMwiki believes that the content was placed there legitimately, under Fair Use, or has been misidentified as infringing.
When we receive a notification of alleged copyright infringement, the content will be removed immediately but a copy will be downloaded and kept offline by the maintainer. If it is possible to identify who uploaded the content, a copy of the removal request will be forwarded to that person. They will then have three days in which to provide a counter notification, which must include the following:
- Your full name, address, telephone, email, and ARMwiki username.
- Identification of the location of content that was removed.
- The statement "I consent to accept service of process from the claimant".
- The statement "I swear, under penalty of perjury, that I have good faith belief that the content was removed as a result of a mistake or misidentification by the claimant".
- The statement "In my legal jurisdiction, I am over the age of consent and competent to make these decisions."
- A scan of your physical signature.
Do not undertake this lightly - seek legal advice.
After the ARMwiki maintainer receives your counter-notification, it will be emailed in its entirety to the claimant (this will include your personal information, by submitting a counter-notification you consent to revealing your details in this way). This notification will only be sent to the claimant, not to anybody else.
Following the sending of the counter-notification, the claimant should notify us within 10 working days that they have files an action seeking a court order to restrain you from engaging in infringing activity.
If we receive such notification, the downloaded copy of the content will be deleted, and the note (if published) on the ARMwiki site will be updated to reflect this.
If we do not receive such notification, the material may be reinstated, at our discretion.
- We are not lawyers. You should seek legal counsel.
- Copyright isn't intended to be fair, where else can you expect to benefit when you are an OAP from work you did as a teenager? Don't get us started on software patents...
- Fair use.
- Giving credit does not waive copyright requirements.
- In most first-world jurisdictions, the mere act of creating content provides automatic copyright. Therefore it is invalid to assume that something that does not carry a copyright notice is in the public domain. Rather, usually, the opposite is true.
- Your own work may be seen as infringing if it includes other people's work.
- Purchasing the content does not (usually) provide you with the right to do what you want with it. For example, when you buy a music CD you own a copy of the songs for your own private enjoyment, you don't own the rights to said songs.
- Thanks to the Internet - I, the wiki maintainer, am a British citizen living in France writing this in France to upload to a site hosted in the United States. You... could be anywhere. The claimant... could be anywhere. The legal jurisdictions are necessarily going to be a mess because the law has not entirely caught up with the fact that on the Internet, borders and jurisdiction boundaries are little more than a political/cultural triviality. And, anyway, we know that everybody just assumes American law will come rampaging in (why do Dutch sites talk about DMCA? why is Gary McKinnon being extradited for a crime that took place on British soil (even if the affects were felt overseas)?). This is one epic can of worms. Unless you physically created every part of the content labelled as infringing yourself, this is probably not something you want to poke with a stick...
Please note well:
WE ARE NOT LAWYERS. THIS INFORMATION IS NOT LEGAL ADVICE. IT IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. Get yourself a solicitor or legal representative of your own.
That contact email once more: armwiki at heyrick dot co dot uk